ISLAMABAD: Counsel for PTI founder Uzair Bhandari said “practically” fundamental rights were not available at all during the Ayub Khan era. 

Advocate Bhandari was replying to a question by Justice Musarat Hilali during the hearing of the intra-court appeal against the trial of civilians in military courts by the constitutional bench of the Supreme Court here.  A seven-member bench, headed by Justice Aminuddin Khan, and including justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Justice Hassan Azhar Rizvi, Musarat Hilali, Naeem Akhtar Afghan and Shahid Bilal Hassan is hearing the appeal.

Justice Hilali asked the advocate whether people had fundamental rights under the 1962 constitution of Ayub Khan’s era. She remarked that according to the Army Act, a military trial can be held if a collaboration is proven.  Advocate Bhandari submitted that only a civil court can try under criminal provisions as far as civilians are concerned. Justice Mandokhail questioned how civilians can be involved under 2(1)(D)? Advocate Bhandari replied that nothing is given in the FB Ali case as far as 2(1)(D) is concerned.  Justice Rizvi observed that there were provisions of terrorism in the Mehram Ali case and the Rawalpindi Bar case. Military installations were attacked.

Their security must be under the control of an army personnel. Will a police officer investigate them? Where there is military involved, will military courts be involved? Advocate Bhandari submitted that there are 103 accused who are being tried in the military court. Justice Rizvi remarked that we have seen the footage in the media.